AKMV Is a father’s neglect regarding the care of his deceased sister’s children a criminal offense?
QUESTION
Hello,
Following the death of my sister, who was unmarried, I have been caring for her children, currently aged 6 and 3.5, for the past four years. To date, I have not been granted formal custody of them. Their legal representative is their father, who shows no interest in them and fails to provide care. He is indifferent to their health status, despite the fact that I routinely send him information regarding their diagnoses and illnesses. He either does not respond or replies only sporadically when it suits him.
The father claims child-related benefits but has not resided with the children for four years. Despite all relevant administrative authorities being aware of the situation, no action has been taken thus far. What would happen if one of the children suffered an injury and consent for an emergency surgical procedure was required? Can I sign the consent form as the person executing actual care over the children? Is his neglect a criminal offense, and could it jeopardize the child’s life?
ANSWER:
The situation you are facing is highly sensitive and requires immediate legal action to secure the care and protection of the children. Although you are, in fact, the primary caregiver, without a formal court order granting you custody of the children, your legal options—particularly regarding decisions on medical procedures—remain limited. To resolve this matter, we recommend the following steps:
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1. Petition for child custody: If the children’s father has neglected his duties over the long term and shows no interest in them, you should file a petition with the court requesting that the children be placed into your personal custody. In its adjudication, the court will consider the best interests of the child as the paramount consideration, alongside your long-term relationship with them. Evidence demonstrating the father’s lack of interest (such as a lack of communication and failure to provide care) will be critical in these proceedings.
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2. Legal consent for healthcare: Absent a formal custody order, you lack the legal capacity to make decisions regarding medical interventions. In the event of an emergency procedure, the consent of the legal representative (the father) may be required. If the father is unreachable, this could indeed jeopardize the child’s health. Consequently, it is imperative to obtain legal guardianship or custody as expeditiously as possible.
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3. The father’s neglect and criminal mplications: The father’s indifference toward the children, including his failure to participate in their healthcare, may be deemed a willful neglect of parental duties. If the children’s father routinely ignores his obligations over a sustained period, you may submit a motion to the court to evaluate whether his conduct constitutes a criminal offense, while simultaneously applying for a modification of custody arrangements.
Our law firm can assist you in drafting and filing the petition for child custody and advise you on subsequent steps to legally ensure the protection of the children.
JUDr. Veronika Michalíková, MBA